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cloud10

Lowells/Hamptons Legal - next move?

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Hi

I had a debt with Additions froma couple of years ago which was then passed to Lowell Financial Ltd. After receiving letters threatening home visits and phone calls, I finally spoke to them on the phone, they tried to get me to pay the full amount and then when I said I couldn't pay it they then needed to take my income details to offer me a payment plan which I then did. He then went down in payments per month and I finally agreed on £28 a month so I paid £28 on the phone and set up a direct debit which I then had to cancel as I can't afford it. I have now received 2 letters from Hamptons Legal who say they represent Lowell, though in the small print at the bottom of the letters it says that Hamptons Legal are a "trading style" of Lowell Financial!?! What should I do now? I really can't afford to pay them and I don't want the phone calls to start again. They have said they will request a copy of my credit file to decide on what form of litigation to take. I will post the 2 letters. Also they were asking about my husband's income - desptite the fact that he is self employed and has earned next to nothing in the last few months and so can't help, are they allowed to go after him for the money?

 

Thank you

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Hamptons1.jpg?action=view&current=Hamptons1.jpg Edited by cloud10
image link didn't work

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Firstly stop speaking to them on the phone & refuse to answer security questions if they phone you.

You should not have paid what you did..but thats in the past now.

They have no legal authority to money off you whatsoever, only a county court does.

Report them to the OFT & trading standards.

Big deal if they do get the credit file, it means nothing & no doubt their best buddies in the CRA's will assist them.

Hamptons are just another desk in the Lowell threat centre (along with Red)

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are they allowed to go after him for the money?
In a word NO

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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Thank you for your advice. I only recently found this site and looking back I shouldn't have paid them anything but their constant pressure works! I will send them a CCA request

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Also, is there any reason why the first letter refers to the client as Lowell Portfolio 1 and the second Lowell Portfolio I?

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They are not their client, Hamptons are Lowells along with Red Debt Collections. :rolleyes:

 

If you look at the small print at the bottom of the letters, all is revealed. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Sorry, I realise that, I just wondered why one said 1 and the other said I, whether it was a typo on their behalf

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Also, is there any reason why the first letter refers to the client as Lowell Portfolio 1 and the second Lowell Portfolio I?

 

The people that write these letters are usually of quite low intelligence and their letters are riddled with grammatical errors other mistakes.

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Here's a picture to remind you of what your up against. ;)

 

 

.

2n0jus.jpg


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Brilliant.... :)

 

Thank God for you guys, it can be quite intimidating and isolating when you have these people on your back

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